Legal Question in Landlord & Tenant Law in California

Re: tendent

Mr. Sher's reply to you is superb. You don't really give enough facts to give you any other answer. It is, possibly, a constructive eviction, and I would follow Mr. Sher's advice.

Re: tendent

If you can attribute the crimes to a lack of security in the building and parking area, you might be able to argue that a constructive eviction has occurred in that the landlord has made it impossible to have the quiet enjoyment you are entitled to as a tenant so you have no choice but to leave. You can also point out that even if he sues you, you are basically judgment proof so there should be the compromise that you leave ASAP without having to pay any penalty or fee. You might need a letter form an attorney to convince the landlord to let you go [although that implies that you have the money for an attorney so you have the money for a fee, but the attorney can say it is pro bono]. I could write a quick letter for you at no charge but you need to give me all the details: when all the bad incidents occurred, the address, what the neighborhood is like, what security devices exist, when you complained to management, when you moved in, what the rent is, how much do they have in deposits and what are they for, what is the amount of the fee they want and why, are there any vacancies in the building or is it fairly easy for them to rent to someone else, what the exact emotional effect on both of you is, anything else that would suggest management is not doing what it could to make it a safe place and that you are more scared then the average person would be. What exactly have they told you and what have you told them? What assets do you have and how much roughly do you earn to show they can not get anything from you. It is best if you can get a local attorney to write the letter so they will take it more seriously, but contact me if you can not get that.